81 FR 13419 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same;

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range		13419-13419
FR Document		2016-05681

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 9, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Nautilus Hyosung Inc. of Seoul, Korea and Nautilus Hyosung America Inc. of Irving, Texas. Supplements to the complaint were filed on February 26 and March 1, 2016. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automated teller machines, ATM modules, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,891,551 (``the '551 patent''); U.S. Patent No. 7,950,655 (``the '655 patent''); U.S. Patent No. 8,152,165 (``the '165 patent'') and U.S. Patent No. 8,523,235 (``the '235 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Page 13419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05681]



[[Page 13419]]

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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-989]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same;

    Institution of Investigation
AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 9, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Nautilus Hyosung Inc. of Seoul, Korea and Nautilus Hyosung America Inc. 
of Irving, Texas. Supplements to the complaint were filed on February 
26 and March 1, 2016. The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain automated teller machines, ATM modules, components thereof, and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 7,891,551 (``the '551 patent''); U.S. Patent 
No. 7,950,655 (``the '655 patent''); U.S. Patent No. 8,152,165 (``the 
'165 patent'') and U.S. Patent No. 8,523,235 (``the '235 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 8, 2016, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain automated 
teller machines, ATM modules, components thereof, and products 
containing the same by reason of infringement of one or more of claims 
1-3 and 5 of the '551 patent; claims 1 and 6 of the '655 patent; claims 
1-4, 6, and 7 of the '165 patent; and claims 1-3, 6, 8, and 9 of the 
'235 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants:

Nautilus Hyosung Inc., 281 Gwangpyeong-ro, Gangnam-Gu, Seoul, Republic 
of Korea.
Nautilus Hyosung America Inc., 6641 N. Beltline Road, Suite 100, 
Irving, TX 75061.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Diebold, Incorporated, 5995 Mayfair Road, North Canton, OH 44720.
Diebold Self-Service Systems, 5995 Mayfair Road, North Canton, OH 
44720.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 9, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-05681 Filed 3-11-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices 13419

INTERNATIONAL TRADE the Commission’s electronic docket accordance with section 210.13 of the
COMMISSION (EDIS) at http://edis.usitc.gov. Commission’s Rules of Practice and
FOR FURTHER INFORMATION CONTACT: The Procedure, 19 CFR 210.13. Pursuant to
[Investigation No. 337–TA–989] 19 CFR 201.16(e) and 210.13(a), such
Office of Docket Services, U.S.
International Trade Commission, responses will be considered by the
Certain Automated Teller Machines,
telephone (202) 205–1802. Commission if received not later than 20
ATM Modules, Components Thereof,
days after the date of service by the
and Products Containing the Same; Authority: The authority for institution of
this investigation is contained in section 337
Commission of the complaint and the
Institution of Investigation of the Tariff Act of 1930, as amended, and notice of investigation. Extensions of
AGENCY: U.S. International Trade in section 210.10 of the Commission’s Rules time for submitting responses to the
Commission. of Practice and Procedure, 19 CFR 210.10 complaint and the notice of
ACTION: Notice. (2015). investigation will not be granted unless
Scope of Investigation: Having good cause therefor is shown.
SUMMARY: Notice is hereby given that a considered the complaint, the U.S. Failure of a respondent to file a timely
complaint was filed with the U.S. International Trade Commission, on response to each allegation in the
International Trade Commission on March 8, 2016, ordered that— complaint and in this notice may be
February 9, 2016, under section 337 of (1) Pursuant to subsection (b) of deemed to constitute a waiver of the
the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as right to appear and contest the
U.S.C. 1337, on behalf of Nautilus amended, an investigation be instituted allegations of the complaint and this
Hyosung Inc. of Seoul, Korea and to determine whether there is a notice, and to authorize the
Nautilus Hyosung America Inc. of violation of subsection (a)(1)(B) of administrative law judge and the
Irving, Texas. Supplements to the section 337 in the importation into the Commission, without further notice to
complaint were filed on February 26 United States, the sale for importation, the respondent, to find the facts to be as
and March 1, 2016. The complaint or the sale within the United States after alleged in the complaint and this notice
alleges violations of section 337 based importation of certain automated teller and to enter an initial determination
upon the importation into the United machines, ATM modules, components and a final determination containing
States, the sale for importation, and the thereof, and products containing the such findings, and may result in the
sale within the United States after same by reason of infringement of one issuance of an exclusion order or a cease
importation of certain automated teller or more of claims 1–3 and 5 of the ’551 and desist order or both directed against
machines, ATM modules, components patent; claims 1 and 6 of the ’655 patent; the respondent.
thereof, and products containing the claims 1–4, 6, and 7 of the ’165 patent; By order of the Commission.
same by reason of infringement of and claims 1–3, 6, 8, and 9 of the ’235 Issued: March 9, 2016.
certain claims of U.S. Patent No. patent, and whether an industry in the
Lisa R. Barton,
7,891,551 (‘‘the ’551 patent’’); U.S. United States exists as required by
Secretary to the Commission.
Patent No. 7,950,655 (‘‘the ’655 patent’’); subsection (a)(2) of section 337;
U.S. Patent No. 8,152,165 (‘‘the ’165 (2) For the purpose of the [FR Doc. 2016–05681 Filed 3–11–16; 8:45 am]
patent’’) and U.S. Patent No. 8,523,235 investigation so instituted, the following BILLING CODE 7020–02–P

(‘‘the ’235 patent’’). The complaint are hereby named as parties upon which
further alleges that an industry in the this notice of investigation shall be
United States exists as required by served: INTERNATIONAL TRADE
subsection (a)(2) of section 337. (a) The complainants: COMMISSION
The complainants request that the Nautilus Hyosung Inc., 281 [Investigation No. 337–TA–988]
Commission institute an investigation Gwangpyeong-ro, Gangnam-Gu,
and, after the investigation, issue a Seoul, Republic of Korea. Certain Pumping Bras; Institution of
limited exclusion order and cease and Nautilus Hyosung America Inc., 6641 N. Investigation
desist orders. Beltline Road, Suite 100, Irving, TX AGENCY: U.S. International Trade
ADDRESSES: The complaint, except for 75061. Commission.
any confidential information contained (b) The respondents are the following ACTION: Notice.
therein, is available for inspection entities alleged to be in violation of
during official business hours (8:45 a.m. section 337, and are the parties upon SUMMARY: Notice is hereby given that a
to 5:15 p.m.) in the Office of the which the complaint is to be served: complaint was filed with the U.S.
Secretary, U.S. International Trade International Trade Commission on
Commission, 500 E Street SW., Room Diebold, Incorporated, 5995 Mayfair February 5, 2016, under section 337 of
112, Washington, DC 20436, telephone Road, North Canton, OH 44720. the Tariff Act of 1930, as amended, 19
(202) 205–2000. Hearing impaired Diebold Self-Service Systems, 5995 U.S.C. 1337, on behalf of Simple
individuals are advised that information Mayfair Road, North Canton, OH Wishes, LLC of Sacramento, California.
on this matter can be obtained by 44720. A supplement was filed on February 26,
contacting the Commission’s TDD (3) For the investigation so instituted, 2016. The complaint, as supplemented,
terminal on (202) 205–1810. Persons the Chief Administrative Law Judge, alleges violations of section 337 based
with mobility impairments who will U.S. International Trade Commission, upon the importation into the United
need special assistance in gaining access shall designate the presiding States, the sale for importation, and the
jstallworth on DSK7TPTVN1PROD with NOTICES

to the Commission should contact the Administrative Law Judge. sale within the United States after
Office of the Secretary at (202) 205– The Office of Unfair Import importation of certain pumping bras by
2000. General information concerning Investigations will not participate as a reason of infringement of certain claims
the Commission may also be obtained party in this investigation. of U.S. Patent No. 8,323,070 (‘‘the ’070
by accessing its internet server at Responses to the complaint and the patent’’) and U.S. Patent No. 8,192,247
http://www.usitc.gov. The public record notice of investigation must be (‘‘the ’247 patent’’). The complaint
for this investigation may be viewed on submitted by the named respondents in further alleges that an industry in the

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Document Created: 2016-03-12 01:00:14
Document Modified: 2016-03-12 01:00:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		81 FR 13419